K. Basavi Reddy v. The Guntur Municipal Corporation

THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9710 of 2016

ORDER:

Heard Sri D.V. Chalapathi Rao, learned counsel for the petitioner, and Sri Ancha Pandu Ranga Rao, learned Standing Counsel for the Guntur Municipal Corporation.

The prayer of the petitioner in this case is as under:

“For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of the Mandamus or any other appropriate Writ declaring the action of the respondents in enhancing the property tax under assessment no. 44896 (New) 12133/DN (old) for the property owned by the petitioner bearing door no. 6-5-29 situated at Arundelpet 5^th Line, Guntur under special notice dated 08.08.2011 and the further enhancement of property tax durig the year 2012-2013 without even issuing the special notice or following the due process of law as illegal, arbitrary, in violation of statutory provision of the Hyderabad Municipal Corporation Act, 1955 and consequently quash the special notice dated 08.08.2011 issued by the respondent No.2 and may pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

It appears that the petitioner already submitted his objections to the quantification and enhancement of the property tax under his legal notice dated 18.08.2011 to the Commissioner of Guntur Municipal Corporation. The said objections would have to be considered by the Commissioner of the Corporation in exercise of powers under Section 221 of the Greater Hyderabad Municipal Corporation Act, 1955.